Cone v Burch [2010] NSWCA 168

Cone v Burch [2010] NSWCA 168

The presumption of resulting trust in favour of the respondent was not rebutted; no intention shown that the appellant acquire a beneficial share at purchase, and the relevant events for gaining interest did not occur; evidence admitted was properly relied upon, and no error in allocation of liability under the mortgage or ownership of machinery.

Jurisdiction
Australia
Judgment Date
29 October 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['trusts' 'resulting Trust' 'beneficial Ownership' 'rules of Evidence' 'rule in Browne V Dunn']
['equity' 'evidence'] ['trusts' 'resulting Trust' 'beneficial Ownership' 'rules of Evidence' 'rule in Browne V Dunn']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant holds his half share in the Coutts Crossing property on trust for the respondent due to provision of the purchase money by the respondent' 'Whether intention existed for beneficial interest not to be held on trust' 'Whether rule in Browne v Dunn precludes reliance on certain evidence' 'Entitlement and proportions of liability under the mortgage loan' 'Beneficial ownership of machinery']

Ratio Decidendi

The presumption of resulting trust in favour of the respondent was not rebutted; no intention shown that the appellant acquire a beneficial share at purchase, and the relevant events for gaining interest did not occur; evidence admitted was properly relied upon, and no error in allocation of liability under the mortgage or ownership of machinery.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']